[HISTORY: Adopted by the Board of Representatives
(now County Legislature) of Tompkins County as indicated in article
histories. Amendments noted where applicable.]
[Adopted 9-21-1999 by L.L. No. 5-1999]
In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws and ordinances of Tompkins County, as codified by General Code Publishers Corp., and consisting of Chapters
1 through
162, together with an Appendix, shall be known collectively as the "Code of Tompkins County," hereafter termed the "Code." Wherever reference is made in any of the local laws and ordinances contained in the "Code of Tompkins County" to any other local law or ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law or ordinance had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the County Legislature of Tompkins County, and it is the intention of said Legislature that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All local laws and ordinances of a general and
permanent nature of Tompkins County in force on the date of the adoption
of this local law and not contained in such Code or recognized and
continued in force by reference therein are hereby repealed from and
after the effective date of this local law.
The repeal of local laws and ordinances provided for in §
1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any right or liability established, accrued or incurred
under any legislative provision of Tompkins County prior to the effective
date of this local law or any action or proceeding brought for the
enforcement of such right or liability.
B. Any offense or act committed or done before the effective
date of this local law in violation of any legislative provision of
Tompkins County or any penalty, punishment or forfeiture which may
result therefrom.
C. Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this local law brought pursuant to any legislative provision
of Tompkins County.
D. Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred by Tompkins
County.
E. Any local law or ordinance of Tompkins County providing
for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, park or other
public place within Tompkins County or any portion thereof.
F. Any local law or ordinance of Tompkins County appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of Tompkins
County or other instruments or evidence of the county's indebtedness.
G. Local laws or ordinances authorizing the purchase,
sale, lease or transfer of property or any lawful contract, agreement
or obligation.
H. The levy or imposition of special assessments or charges.
I. The annexation or dedication of property.
J. Any local law or ordinance relating to salaries and
compensation.
K. Any local law or ordinance amending the Zoning Map.
L. Any local law or ordinance relating to or establishing
a pension plan or pension fund for county employees.
M. Any local law or ordinance or portion of a local law
or ordinance establishing a specific fee amount for any license, permit
or service obtained from the county.
N. Any local law adopted subsequent to 4-6-1999.
If any clause, sentence, paragraph, section,
article, chapter or part of this local law or of any local law or
ordinance included in this Code now or through supplementation shall
be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the clause, sentence,
paragraph, section, article, chapter or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Clerk of the County Legislature of
Tompkins County and shall remain there for use and examination by
the public until final action is taken on this local law; and, if
this local law shall be adopted, such copy shall be certified by the
the Clerk of the County Legislature of Tompkins County by impressing
thereon the Seal of the county, and such certified copy shall remain
on file in the office of said Clerk of the County Legislature to be
made available to persons desiring to examine the same during all
times while said Code is in effect. The enactment and publication
of this local law, coupled with the availability of a copy of the
Code for inspection by the public, shall be deemed, held and considered
to be due and legal publication of all provisions of the Code for
all purposes.
Any and all additions, deletions, amendments
or supplements to any of the local laws and ordinances known collectively
as the "Code of Tompkins County" or any new local laws or ordinances,
when enacted or adopted in such form as to indicate the intention
of the County Legislature to be a part thereof, shall be deemed to
be incorporated into such Code so that reference to the Code shall
be understood and intended to include such additions, deletions, amendments
or supplements. Whenever such additions, deletions, amendments or
supplements to the Code shall be enacted or adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf
book containing said Code as amendments and supplements thereto. Nothing
contained in this local law shall affect the status of any local law
or ordinance contained herein, and such local laws or ordinances may
be amended, deleted or changed from time to time as the County Legislature
deems desirable.
It shall be the duty of the Clerk of the County
Legislature to keep up-to-date the certified copy of the book containing
the Code of Tompkins County required to be filed in the office of
the Clerk of the County Legislature for use by the public. All changes
in said Code and all local laws and ordinances adopted by the County
Legislature subsequent to the enactment of this local law in such
form as to indicate the intention of said Legislature to be a part
of said Code shall, when finally enacted or adopted, be included therein
by temporary attachment of copies of such changes, local laws or ordinances
until such changes, local laws or ordinances are printed as supplements
to said Code book, at which time such supplements shall be inserted
therein.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Clerk of the County Legislature,
or an authorized agent of the Clerk, upon the payment of a fee to
be set by resolution of the County Legislature. The Clerk of the County
Legislature may also arrange for procedures for the periodic supplementation
of the Code.
Any person who, without authorization from the
Clerk of the County Legislature, changes or amends, by additions or
deletions, any part or portion of the Code of Tompkins County or who
alters or tampers with such Code in any manner whatsoever which will
cause the legislation of Tompkins County to be misrepresented thereby
or who violates any other provision of this local law shall be guilty
of an offense and shall, upon conviction thereof, be subject to a
fine of not more than $250 or imprisonment for a term of not more
than 15 days, or both.
In compiling and preparing the local laws and
ordinances for publication as the Code of Tompkins County, no changes
in the meaning or intent of such local laws and ordinances have been
made. Certain grammatical changes and other minor nonsubstantive changes
were made in one or more of said pieces of legislation. It is the
intention of the County Legislature that all such changes be adopted
as part of the Code as if the local laws and ordinances had been previously
formally amended to read as such.
The provisions of this local law are hereby made Article
I of Chapter
1 of the Code of Tompkins County, such local law to be entitled "General Provisions, Article
I, Adoption of Code," and the sections of this local law shall be numbered §§
1-1 to
1-13, inclusive.
This local law shall take effect immediately
upon filing with the Secretary of State of the State of New York.